The National tribune. [volume] (Washington, D.C.) 1877-1917, 1887-01-13
A JUST DECISION
Giving the Preference to HOnOrablY
Discharged Soldiers.

The papers printed below show an important
step in the right direction which has led at last
to putting in practice under the Civil Service
Rules the preference in appointments given TO
honorably discharged soldiers and sailors under
Section 1854, Revised Statutes. The action of
the Department of the Potomac, GAR, will be
generally commended in acknowledging the
services of Mr.. Graham, late Secretary of the
U. S. Civil Service Commission, and now q
Member of the Board of Pension Appeals, in
their behalf.
A previous question had arisen in the Com
mission as to whether the words, "honorably
discharged" used in the statute should be con-
strued to include persons dismissed or trans
ferred to the Invalid and Veteran Reserve
Corps for disabilities incurred in the line of
duty. Mr.. Graham was directed to investigate
the matter and submit a legal opinion. The
result was the reversal of a former holding upon
the ground that such were, as he put it, often
the most honorable discharges the soldier thus dis
charged from the regular line evincing too
much pluck and patriotism to abandon the
cause entirely, though no longer whole soldier.
Mr.. Graham was a soldier in the Army of
Northern Virginia, accepted the situation" in
good faith, and as an upholder of law and order
has simply demanded for the victors what he
would have expected for his own side if il had
succeeded. "Let US have peace"
q. 8. CIVIL SERVICE COMMISSION, !
WAsHINGToH. ID. c., Sept. Ii, 1896
To the CIVIL SERVICE CoMHssIoN: In parting
with the Commission desire to submit in writing
proposition which 4 have heretofore informally
discussed with one two of your number IL is
this: That when there are on the eligible registers
the names of ex-Soldiers with an established claim
for preference in appointment, provided in Sec
ton 175i, Revised Statutes, such names shall be
certified to the first vacancies occurring after the
registration OF their names and covered by the
amnatons taken respectively; and as long as
they may remain upon the registers be given the
preference over all competitors for the same
grades. This would, of course, result in putting
and keeping some States temporarily in advance of
their respective shares in the apportionment but
certainly not more than the practice of certf-
Tying the four highest from the special and sup
Elementary registers nor applicants Of specified
proficiency from the general registers in advance
of the turns due to the States concerned. In this
the letter and the intent of the law coming in
conflict the intent Is allowed by the Commission to
prevail
But in support of my proposition respectfully
submit there both the letter aud the intent of
the law, will appear from reading Sections 1853
(which the President cites in the Preamble to the
Civil Service Rules) and 1854 Revised Statutes in
connection with the Civil Service Act One of these
sections follows the other as a proyiso and neither
ofthe two is annulled by the passage of the Civil
Service Act, and certainly in distributing to the
several States their shares oft the first thousand cIas
sihed departmental appointments there is better
reason that State should be the first to get is full
quota through the selection of number of pre-
ferrcd soldiers than through selections from sup
Elementary registers, which often show a good
Oh appllctnlS eligible, while the total
number of preferred soldiers is comparatiyeiy
small. Take the case Of, although allowed
to remain upon the Limited Register Of his State
for year, eight 81 months and 10 days and
notified that his claim of preference was admitted
he was allowed a single certification.
When an applicant takes a supplementary exnmi-
nation IL may soon be worth something 70 him. al
though his State may not strictly for some time be
entitled to an appointment; but here is a soldier
who has received no benefit whatever from his ex-
animation, although scores of appointments in the
meantime, have been made to positions covered by
his examination
respectfully submit that these things ought not
so to- be.
Again quote Clause of Rule XVI In favor Of
my proposition: Four names for the vacancies
specified, to be taken from those graded highest on
the proper register of those in his branch Of the
service and remaining eligible. regard being had 10
any right preference, and to the apportionment of
appointments 10 States and Territories"
The Presidents order, thus given is Just as bind
ing to observe the preference to observe the ap
portonment.
If it be necessary to temporarily disturb the ap-
portonment that applicants of the highest standing
certain registers may be certified before those OF
inferior standing, there is greater necessity to
shake the balance. provided by law and the rule
To make good an established preference and allow
the scale to be rightly adjusted as subsequent an
pointments are distributed.
All Of which is respectfully submitted.
Ro. ID. GRAHAM, Secretary.